My ex filed a Criminal Contempt charge against me for taking…

Customer Question

My ex filed a Criminal...

My ex filed a Criminal Contempt charge against me for taking my son to a psychologist that he had previously seen on a regular basis stipulating this was a new course of care and only she had the authority to start a new course of care. At the same time, she was trying to get her child support increased based on my W2. I agreed to a settlement where she received $9k from me, I was appointed PRP and joint decision making. I agreed to this settlement under the advice of my lawyer to avoid any potential jail time. I have since learned that my ex and her attorney hired a forensic psycologist whose findings indicated my son's appointment with the dr was not a new course of care. They knew this before the settlement but did not withdraw the Criminal Contempt I feel so they could use it against me to sette. Is this legal for them to withhold this information from me in a criminal proceeding?

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

This is a bit unique, since only the state can prosecute a criminal case. A private citizen can request the DA prosecute a case...but only the DA (district or county attorney) can actually file the charge.

In a criminal case, the DA has the absolute duty to disclose exculpatory evidence under state and federal law.

But, again, a private citizen can not prosecute a criminal case.

What you describe? IF she requested prosecution of this and knew, at the time, there was not merit to the case? You would have a good cause of action to request she pay your lawyer fees (The lawyer fees required to defend this frivolous claim)

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Customer reply replied 6 years ago

The DA was never involved I don't think so are there different types of Criminal Contempt? The Criminal Contempt was filed in the 4th Circuit Court for Davidson County, TN with case # 05D693 and references TN Code Ann 29-9-103.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).